In the Court’s Order construing some of the claim terms at issue in this infringement action, Judge Farnan requested supplemental briefing for the disputed claim term “homogeneously branched linear ethylene/ά-olefin interpolymers.” See The Dow Chemical Company v. Nova Chemicals Corporation (Canada), C.A. No. 05-737-JJF, Order (D. Del. June 25, 2009).
The parties submitted additional briefing and the Court has construed the term to mean the following:
- “homogeneously branched linear ethylene/ά-olefin interpolymers”: “ethylene ά-olefin interpolymer in which the comonomer is randomly distributed within a given interpolymer molecule and wherein substantially all of the interpolymer molecules have the same ethylene/comonomer ratio within that interpolymer. Such interpolymer has no long chain branching.”